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Madras High CourtCRL OP(MD)/9266/2022dismissed

C.Arumugam v. The Inspector Of Police

2022-05-18Honourable Mrs Justice T.V.Thamilselvi2 pages

CRL OP(MD). No.9266 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9266 of 2022 C.Arumugam ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, All Women Police Station, Keeranur, Pudhukottai District.

Crime No. 10 of 2022.

... Respondent/Complainant For Petitioner : M/s.Ananda Kumar.N, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.10 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner who was arrested on 13.04.2022 for the offences under Sections 5(1), 5(j)(ii), 6(1) of POCSO Amendment Act 2019 and 506(i) of IPC, in Cr.No.10 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner had exploited and committed penetrative sexual assault on the victim girl aged 17 years with false promise of marry her. Hence, the complaint.

3.The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner has been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.9266 of 2022 4.The learned Additional Public Prosecutor appearing for the respondent police objected for grant of bail on the ground that the petitioner is aged about 31 years and the victim is aged about 17 years and produced the copy of the statement recorded under Section 164 Cr.P.C.. He further submitted that the investigation is not yet completed and the medical examination of the accused is yet to be completed.

5. Considering the seriousness and gravity of the offence alleged against the petitioner and also the fact that the investigation is pending, this Court is not inclined to grant bail to the petitioner.

In the result, this Criminal Original Petition is dismissed. sd/- 18/05/2022 / TRUE COPY / 23/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, KEERANUR, PUDHUKOTTAI DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKOTTAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9266 of 2022 Date :18/05/2022 SS/JM/SAR:II/20.05.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2